- 15 - Andrews v. Commissioner, 79 T.C. 938, 940 (1982).12 However, where actual sales prices are unavailable, the value of the shares is determined by taking into account the company’s net worth, prospective earning power and dividend-paying capacity, and other relevant factors.13 Sec. 25.2512-2(f), Gift Tax Regs.; see also Rev. Rul. 59-60, 1959-1 C.B. 237. These factors cannot be applied with mathematical precision, and, therefore, the weight to be given to each factor must be tailored to account for the particular facts of each case. Estate of Andrews v. Commissioner, supra at 940-941. As is often the case where the value of stock in a closely held corporation is at issue, the separation in the values that the parties and their experts argue is substantial. The gift tax returns that petitioners filed reported the fair market value of a minority interest in HII stock as $120,000 per share.14 In the 12Since the same factors are used for gift and estate tax purposes in determining the fair market value of property, we cite both gift and estate tax cases. See Ward v. Commissioner, 87 T.C. 78, 101 (1986); Estate of True v. Commissioner, T.C. Memo. 2001-167. 13The regulations provide that some of the “other relevant factors” to consider are: The goodwill of the business; the economic outlook in the particular industry; the company’s position in the industry and its management; the degree of control of the business represented by the block of stock to be valued; and the values of securities of corporations engaged in the same or similar lines of business which are listed on a stock exchange. Sec. 25.2512-2(f), Gift Tax Regs. 14The gift tax values which petitioners reported on their (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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